H1B visa stamping in India (Chennai) with a DUI offense

[zoom_0202]

What is the name of your state? CA

Hi,
I will be renewing my H1-B visa (stamping) in India, Chennai soon.

While filling out the form DS 156,I have to say "yes" for the question of being convicted (or) not.This is for a misdemeanor DUI here in US.

Will there be any issue/rejects/waiting times? Any experiences?

(or) is it better to go to Mexico?

Please let me know.All the help is greatly appreciated.

Thanks
Edit/Delete Message

[Or Not]

You must check yes.

Contact the US consulate nearest you. They can provide you with form 221g (for inter-agency clearance) which requires a background check via finger prints from the FBI.

Bring the completed background check, along with all related court documentation (explanation of sentencing, proof you've completed the alcohol rehabilitation classes, paid all fines and so forth) to the meeting where you will get your stamp.

This extra clearance step can upwards of to two months. No matter where you go this step must be taken, so contact the nearest US Consulate as soon as you are able to for additional information and guidance.

[zoom_0202]

Hi.Thank you very much for the useful information.

Nearest US consulate meaning one outside US like Mexico? I am in USA, CA right now.

I am going to India for my marriage in a month. Since I have only one month left, I was thinking better to skip my stamping in India. I will be returning to US fortunately with a week time left on my current H1. So only my wife can go to US consulate in India but with my new H1(I797) approval and get a a H4 visa stamped till 2011.

Later when I need to travel outside US, I can plan to do what you have suggested.

What do you think abt this plan? Please comment.

Thanks again.

[Or Not]

Originally Posted by zoom_0202

Hi.Thank you very much for the useful information. Nearest US consulate meaning one outside US like Mexico? I am in USA, CA right now.

Sorry for the confusion, since you're in California you can get the fingerprinting done locally (no need to involve a consulate.) Check the yellow-pages for a licensed electronic ten-print-fingerprinting service in your area. They will be able submit the prints directly to the FBI (speeding up the process somewhat, but not significantly.)

Originally Posted by zoom_0202

I am going to India for my marriage in a month. Since I have only one month left, I was thinking better to skip my stamping in India. I will be returning to US fortunately with a week time left on my current H1. So only my wife can go to US consulate in India but with my new H1(I797) approval and get a a H4 visa stamped till 2011.

I think you may run into a problem trying to enter the US again with only a week left on your current H1. From what you've written it sounds like you may already be prepared to extend it with your employer immediately upon your return; if this is the case, have proof ready to show upon your arrival.

Originally Posted by zoom_0202

Later when I need to travel outside US, I can plan to do what you have suggested. What do you think abt this plan? Please comment.

I think you should get the fingerprinting done and apply for your waiver as soon as humanly possible; but ImmigAttyLana is the resident immigration expert on these boards. Try sending them a private message for more advice (I've only seen posts from them in the immigration section of this forum, I'm not certain they would read a posting here.)

[zoom_0202]

Thanks again.

Regarding the concern about re-entry into US with 1 week left on my H1, the good news is that I already have a h1b approval notice (I797) for the next three years with the same company I am working for..I can show this @ the port of entry. Hope shouldn't be any problem..

I shall check with local finger printing folks.. BTW, what does this process give me? An FBI background check which gives me a waiver to prevent a 221g req. @ the consulate which can lead to a medical evaluation?

I am also trying to contact local immigration attorneys.

Thanks

[Or Not]

Originally Posted by zoom_0202

...the good news is that I already have a h1b approval notice (I797) for the next three years with the same company I am working for..I can show this @ the port of entry. Hope shouldn't be any problem..

That's exactly what's required, so you should be fine on that front.

Originally Posted by zoom_0202

I shall check with local finger printing folks.. BTW, what does this process give me? An FBI background check which gives me a waiver to prevent a 221g req. @ the consulate which can lead to a medical evaluation?I am also trying to contact local immigration attorneys.
Thanks

Because of the DUI you got, if you went for stamping without the background check and all related court documentation in hand, you would then be rejected, then be given form 221g and told to complete it for the purpose of a background check (then you'd get fingerprinted, request the background check from the FBI and wait a few months to get it back, then go for another interview.)

Having all the information in hand ready to give the person interviewing you will (assuming everything else is completed correctly) enable you to be stamped at the at the time of your original meeting.

[zoom_0202]

Thank you very much.

Do you know, how long is this background check from FBI (taken from local agency) valid?

I would like to do this as early as possible but use it for my stamping which could be only after 1-2 years from now. (since I will skip stamping this time in India as we discussed earlier)

Thanks

[DUI630]

Hi guys,
I had my DUI in columbus and got my case resolved december 18th, i got my H1 approval october and i want to go to india for stamping, is advisable or will i have any issue
I have the court documents, i thought of getting the finger print done here while in America, but they said that i can get it done only after they issue the for from INS.
so i have no idea what to do
can anyone suggest me what to do?

[Zigner]

Originally Posted by DUI630

Hi guys,
I had my DUI in columbus and got my case resolved december 18th, i got my H1 approval october and i want to go to india for stamping, is advisable or will i have any issue
I have the court documents, i thought of getting the finger print done here while in America, but they said that i can get it done only after they issue the for from INS.
so i have no idea what to do
can anyone suggest me what to do?

Please start your own thread on this topic.